Richard Kammen, counsel for David Camm, arrives at the Spencer County Courthouse Monday afternoon. March 11, 2013 / By Matt Stone/The Courier-Journal

Written by

Grace Schneider

The Courier-Journal

Floyd County officials are challenging more than $95,000 in bills submitted this fall by David Camm’s lead defense lawyer, Richard Kammen.

A portion of the disputed claims involve a lack of documentation. But other bills flagged by Floyd County Auditor Scott Clark detail hourly fees for additional paralegals and a third lawyer hired to work for Camm’s defense team — costs Floyd leaders believe were not envisioned when a judge appointed Kammen and co-counsel Stacy Uliana, both of Indianapolis, to the case in January 2010.

Kammen did not immediately respond Friday evening to an email and phone message seeking comment.

Uliana said in a phone interview that she had heard about the disputed bills and believes Floyd officials are in the wrong. Bills submitted before the murder trial were paid but bills now are being disputed “retroactively,” she said.

Camm, 49, was accused of fatally shooting his wife Kim and the couple’s two children, Brad, 7, and Jill, 5, in late September 2000. Two previous convictions were overturned on appeal, and the third trial ended with an acquittal Oct. 24 in Boone County, where the proceedings were moved to ensure a fair trial before an untainted jury.

Although Floyd leaders said last January that they projected spending about $1.1 million for the recent trial, the costs for expert witnesses, hotel rooms for deputies and attorneys, juror’s pay, and other expenses have kicked the latest estimate to $1.85 million this year.

The county has paid about $1.65 million so far and Clark projected another $200,000 in billings, including a large bill from Special Prosecutor Stan Levco. His last claim arrived in early August, before the trial began, according to county records.

The total cost to Floyd for the third trial is expected to exceed $2 million because the county also must pay for a trial transcript, which is expected to be completed sometime next year.

Kammen told a reporter during the trial that the bills to Floyd County underestimate the trial costs because Levco enlisted several prosecutors and Indiana State Police investigators to work for the prosecution, all costs absorbed by Hoosier taxpayers.

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Floyd’s bills come as the county faces a $2.9 million budget deficit and the prospect early next year of laying off employees or selling property to balance the county’s 2014 budget.

Clark declined to comment, and referred a reporter to Floyd County Council members who must approve the claims and payments.

Council President John Schellenberger said that Clark and council members have reviewed all bills related to the trial and have approved paying most of them, except expenses that lack the documentation they normally require for reimbursement.

“Bills have come in from the prosecutor, the judge and this was no different,” Schellenberger said of Kammen’s bills.

“Scott was not satisified with the documentation. That’s our job. That’s his job” to ensure claims have appropriate detail for reimbursement, he said.

Clark wrote to Kammen on Oct. 25, a day after the verdict, to say that $60,816 in expenses billed for August require “further explanation or clarification” and that the county was disputing the purpose and approval of the items pertaining to Camm’s defense.

He wrote that he and his staff had reviewed court documentation and did not see approval for third attorney Mary Spears, paralegal Brandi James and a firm, The Registry, which provided other paralegal service.

Consequently, the auditor deducted $11,798 for disputed portions of the August claim and deducted about $20,000 in previousl claims that had been paid to Kammen in monthly bills beginning last March. The county then sent a check for $5,330.

A second letter from Clark to Kammen on Thursday for September billings of $90,218 also said some items required additional documentation and that the Spears and paralegal services were not approved in advance. The county remitted $51,571.

Schellenberger said the county in turn must submit defense bills to a state public defender fund, which reimburses Indiana counties for 40 percent of allowable public defender expenses.

He said Kammen’s bills could be rejected by the state fund if they lack the required detail, he said.

Uliana said she expects the matter will be resolved but questioned the timing. “They waited till after the trial, when we had no leverage,” she said.